We will rectify at our cost structural defects requiring rectification pursuant to the Building Code of Australia and any relevant Australian Standards, where it is proven to be the builder’s fault, limited to:
- foundation systems, concrete and or strip footing as specified in Australian Standard AS 2870 (Residential slabs and footing – Construction);
- structural timbers and steel in wall or roof framing as specified in Australian Standard AS 1684 (Residential timber-framed construction); and
You maintain your home in accordance with the CSIRO’s ‘Guide to Home Owners on Foundation Maintenance and Footing Performance’, which is provided to you at handover. If you do not do so, this will void your Warranty.
The Structural Warranty does not apply in the following circumstances:
- Any loss arising from non-compliance with your responsibilities outlined above;
- Site conditions that are experienced post-handover that are outside of our control;
- Damage caused by storms, fire, flooding or an act of God;
- Damage caused by trees growing near the footing of your home;
- Fair wear and tear;
- Misuse or neglect;
- Minor cracking (as defined in AS 2870, Appendix B);
- Any renovations, additions or other structural changes (including significant landscaping and pools) undertaken to the home post-handover;
- Any defects repaired or modified by unqualified or unauthorised personnel;
- Any structural failure caused by anything other than our faulty workmanship or our negligent supply of defective materials;
- Any unforeseen influences that the builder may not have been aware of;
- For the avoidance of doubt this structural warranty does not cover items of a non-structural nature such as any marks or scratches to bench tops, vanities etc. in addition to any appliances installed in your home. Please refer to the product manufacturer for details of any relevant warranties.
Who is eligible to make a claim under Structural Warranty?
The Structural Warranty is provided to the owner named on the building contract of any home constructed by Country Living Homes.
Structural Warranty beyond the 5 year statutory period is not transferrable to owners other than the original contracting customer
Please refer to your HIA Home Owner’s Manual provided to you at Handover
This Website facilitates interactions between:
Country Living Homes Pty Ltd ACN 118 136 664 (we, us, our, ours); and
The user of this web site (you, yours).
This agreement governs your use of this web site.
Services means any service provide to you via this web site.
Website means this web site and all of the pages that it comprises including any pages that are reached by clicking on a link from this website.
Access to and use of this Website and the Services is subject to these terms and conditions amended from time to time (Terms).
1. Updating these Terms
We may review and change any of these Terms at our sole discretion by updating this page.
If we update these Terms, we will use reasonable endeavours to provide you with notice of those updates. Any changes to the Terms take immediate effect from the date of their publication on this Website.
You should keep a copy of these Terms for your records.
2. Acceptance of the Terms
By using, browsing and/or reading this Website you are taken to have read, understood and agreed to be bound by these Terms.
If you do not agree to these Terms, you must immediately stop using this Website and the Services.
You may also accept these Terms by clicking to accept or agree to the Terms where and if this option is made available to you on this Website.
3. House and Land Packages
We hold builder’s licence number BLD 194214 under the Building Work Contractors Act 1995 (SA).
We are not a registered agent under the Land Agents Act 1994 (SA).
House and Land Packages that are promoted or advertised on this Website may involve the sale of land that we do not own. In that case when we offer such land for sale we will identify the registered agent (Agent) that represents the owner of the land. The sale of any such land will be by private treaty and separate Sale of Land contract between you and the owner of that land which is negotiated by the Agent.
If you wish to buy our land, you must also enter into a building contract with us for the construction of a house on the land.
If you wish to buy other land that is not owned by us you must deal with the Agent. We may offer to build on that land for you and you would need to enter into a building contract with us for that work.
If you do not wish to enter into a building contract with us but you want to buy other land that is not owned by us, you must deal with the Agent. We will not be involved in those dealings.
The plans and specifications for any house we are to build for you are clearly spelt out in the contract documentation that we will prepare for you. You should check that documentation carefully, take your own independent legal and other advice on it and ensure that it covers all of the features you are expecting from your home before you sign the building contract.
4. Copyright and Intellectual Property
This Website, the Services and all of our related products are protected by intellectual property laws.
The material on this Website is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the compilation of this Website and the individual works that comprise it (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by us or our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by us and we grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are accessing this Website to:
(a) use this Website pursuant to these Terms;
(b) copy and store this Website and the material contained in this Website in Your device’s cache memory; and
(c) print pages from this Website for Your own personal and non-commercial use.
We do not grant to you any other rights whatsoever in relation to this Website or any of our other intellectual property. All other rights are expressly reserved by us.
We retain all rights, title and interest in and to this Website.
Nothing you do on or in relation to this Website will transfer to you any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process).
You may not, without our prior written permission and the written permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any content on this Website for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on this Website which are freely available for re-use or are in the public domain.
7. General Disclaimer
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), exemplary damages, loss of profit or opportunity, or damage to goodwill arising out of or in connection with this Website (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of this Website is at your own risk.
Everything on this Website is provided to you “as is” and “as available” without warranty or condition of any kind.
None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about or any products or services
(including our products or Services) referred to on this Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on this Website or any related products or services (including third party material and advertisements on this Website);
(c) costs incurred as a result of you using this Website, or any of our products or Services; and
(d) the operation of links which are provided for your convenience.
You acknowledge that this Website is only intended to facilitate the interactions between you and us and we do not offer any other services and we have no liability to you as a result of any conduct of a user.
8. Limitation of Liability
Our total liability to you arising out of or in connection with your use of this Website however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the contents of this Website to you.
Subject to local applicable laws, we reserve the right to suspend or deny, in our sole and unfettered discretion, your access to all or any portion of this Website without notice to you if you breach any provision of these Terms or any applicable law or if your conduct impacts (or has the potential to impact) our name or reputation or violates (or has the potential to violate) the rights of another party.
When your access to this Website comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify us, our affiliates, employees, agents, contributors, third party content or other providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of this Website;
(b) any direct or indirect consequences of you accessing, using or transacting on this Website or attempts to do so; and/or
(c) any breach by you of these Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (Dispute) has arisen between that party and us must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected by the President of the Law Society of South Australia or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Adelaide, South Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12. Venue and Jurisdiction
This Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to this Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
13. Governing Law
The Terms are governed by the laws of South Australia and may be updated from time to time. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of South Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
Both parties confirm and declare that these Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice in relation to them.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.